Car accidents are stressful enough without the added burden of determining who is at fault. If you have been in an accident in Illinois, you may have the legal right to seek compensation from the responsible party. It is essential to know that, even if you share some liability for the accident, you can still take legal action based on our state’s comparative negligence laws. Understanding what this means can help you know how fault is assigned and how it might impact the compensation you receive for injuries and losses.
Understanding Comparative Negligence
In Illinois, comparative negligence applies when both drivers in an accident share some responsibility. Unlike states with a contributory negligence standard, where even the slightest percentage of fault could prevent you from receiving compensation, Illinois follows a “modified comparative negligence” system. This means you still have a legal right to recover compensation if you’re partly to blame, as long as you’re less than 51 percent at fault.
For example, let’s say you’re in a car accident where the other driver ran a red light, but you were speeding. The court might find the other driver 80 percent at fault for running the red light and you 20 percent at fault for speeding. If your total compensation amounts to $100,000, you’d be able to recover $80,000, reflecting a 20 percent reduction based on your share of the fault.
The 51 Percent Bar Rule
In Illinois, the “51 percent bar rule” plays a crucial role. If you’re found more than 50 percent responsible for the accident, you won’t be able to recover any compensation for your losses. However, if you’re 50 percent or less at fault, you can still receive compensation, though the amount will be reduced based on your share of the responsibility.
How Fault is Determined
In Illinois, determining fault relies on evidence like police reports, witness statements, traffic camera footage, and sometimes input from accident reconstruction experts. Insurance companies also perform their own investigations to decide each driver’s percentage of responsibility. However, these percentages can be contested, especially if you believe the determination isn’t fair.
This is where having a skilled car accident lawyer is important. An attorney will be able to take various steps to obtain the evidence necessary to prove your case.
Why Comparative Negligence Matters
Comparative negligence matters because it directly affects how much compensation you receive. If you are in a severe accident and have significant medical bills, lost wages, and property damage, even a small percentage of fault can reduce your compensation by thousands of dollars.
Contact Our Illinois Car Accident Lawyers Today
If you’ve been injured in a car accident, we encourage you to contact our car accident lawyers right away. Our team at Bonifield & Rosenstengel, P.C., has extensive experience serving car accident victims throughout Southern Illinois. Our knowledgeable car accident lawyers are here to guide you through every step of the process. Call our team today to get started with a free consultation, and let us help you get the recovery you need.